Rafiq v. State of Rajasthan

Supreme Court of India · 19 Jul 2017
Kurian Joseph; R. Banumathi
Criminal Appeal No.1209/2017 @ SLP (Crl.) No.1856/2017
criminal appeal_allowed

AI Summary

The Supreme Court granted bail to the appellant during trial by making its interim bail order absolute, overruling the High Court's refusal.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1209/2017
[@ SLP (CRL.) No.1856/2017
RAFIQ Appellant
VERSUS
STATE OF RAJASTHAN Respondent
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellant has approached this Court aggrieved by the impugned order dated 12.02.2016 passed the High Court of Judicature for Rajasthan at Jaipur in SB Criminal Misc. Second Bail Application No.2168/2016, declining to grant bail.

3. It may be noted here that the appellant had been languishing in the jail ever since 03.09.2010. By order dated 09.03.2017, this Court released him on bail, during the pendency of the trial.

4. In the facts and circumstances of the case, the order dated 09.03.2017 is made absolute and the Criminal Appeal is disposed of.

5. It is made clear that the observations made in the interim order regarding maximum punishment is certainly subject to further verification as to the period of punishment.

6. The Criminal Appeal is disposed of in the above terms. … ................ J. [KURIAN JOSEPH] ................. J. [R. BANUMATHI] JULY 19, 2017; NEW DELHI.